header-logo header-logo

Buyer beware: the hazards of expert shopping

08 April 2022 / Dr Chris Pamplin
Issue: 7974 / Categories: Features , Profession , Expert Witness
printer mail-detail
77790
Chris Pamplin considers the court’s power to allow a party to change its expert witness & how far back this power can reach
  • In July 2021, the court gave a potentially very significant judgment in Rogerson (trading as Cottesmore Hotel, Golf and Country Club) v Eco Top Heat & Power Ltd [2021] EWHC 1807 (TCC). The case concerned the power of the court to allow a party to change its expert witness upon terms that can include disclosure of any reports prepared by a prior expert. It raised an interesting question: how far back in time can this power reach?

Deterring ‘expert shopping’

The courts have, for many years, acted to discourage the practice of expert shopping, ie changing one expert for another who is more supportive of the party’s case.

There are many good reasons why a party might seek permission for a change of expert, however, whenever there is such an application, there must always be the suspicion that this is being done because the substitute

If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

MOVERS & SHAKERS

Gilson Gray—Linda Pope

Gilson Gray—Linda Pope

Partner joins family law team inLondon

Jackson Lees Group—five promotions

Jackson Lees Group—five promotions

Private client division announces five new partners

Taylor Wessing—Max Millington

Taylor Wessing—Max Millington

Banking and finance team welcomes partner in London

NEWS
The landmark Supreme Court’s decision in Johnson v FirstRand Bank Ltd—along with Rukhadze v Recovery Partners—redefine fiduciary duties in commercial fraud. Writing in NLJ this week, Mary Young of Kingsley Napley analyses the implications of the rulings
Barristers Ben Keith of 5 St Andrew’s Hill and Rhys Davies of Temple Garden Chambers use the arrest of Simon Leviev—the so-called Tinder Swindler—to explore the realities of Interpol red notices, in this week's NLJ
Mazur v Charles Russell Speechlys [2025] has upended assumptions about who may conduct litigation, warn Kevin Latham and Fraser Barnstaple of Kings Chambers in this week's NLJ. But is it as catastrophic as first feared?
Lord Sales has been appointed to become the Deputy President of the Supreme Court after Lord Hodge retires at the end of the year
Limited liability partnerships (LLPs) are reportedly in the firing line in Chancellor Rachel Reeves upcoming Autumn budget
back-to-top-scroll